Chapter 13.30 SURFACE/STORM WATER

The intent and purpose of this chapter is to enable the City of Harrisburg to comply with applicable State and Federal laws; to provide for the effective management of storm water to protect the health, safety, and general welfare of the citizens of the City of Harrisburg; to protect the health and safety of City employees working in the storm water system; to facilitate the orderly development and extension of the storm water system; to protect and enhance the water quality and natural functions of watercourses and water bodies through the regulation of storm water; to set forth uniform requirements for direct and indirect contributors to the storm water system; and to help meet the City of Harrisburg’s environmental stewardship responsibilities. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.020 Definitions.

1. “Agricultural activity” means private or commercial activities directly engaged in the production of nursery stock, sod, fruits, vegetables, forages, cover crops, field crops (grain, corn, oats, beans, etc.), timber, and livestock, or other related activities determined by the Director to conform to this definition; but shall not include construction or other activities for structures associated with agricultural activities.

2. “Best management practices (BMPs)” means schedules of activities; prohibitions of deleterious practices; general good housekeeping practices; physical, structural, or chemical interventions; pollution prevention and educational activities; maintenance activities; and other management practices that prevent or minimize to the greatest extent practicable the discharge of pollutants directly or indirectly to public rights-of-way, the municipal storm water system, receiving waters, or waters of the State.

3. “Clean Water Act” means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., 86 Stat. 816, Pub. L. 92-500) and any subsequent amendments thereto.

4. “Construction activity” means ground disturbing activities whether or not a permit is required, or activities related to any land development or construction project including but not limited to clearing and grubbing, grading, excavating, building, and demolition.

5. “Director” means the person designated by the City Administrator to supervise the Public Works Department and who is charged with certain duties and responsibilities by this chapter, or the duly authorized representative.

6. “Discharger” means any person who discharges or causes to be discharged any pollutant onto public rights-of-way or into the municipal storm water system, receiving waters, or waters of the State.

7. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

8. “Illicit discharge” means any direct or indirect non-storm water discharge to the municipal storm water system, receiving waters, or waters of the State, except as exempted by HMC 13.30.090(2).

9. “Illicit connection” is defined as either of the following:

a. Any drain or conveyance, whether on the surface or subsurface, that allows or has the potential to allow an illicit discharge to enter the storm water system including, but not limited to, any conveyances that allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm water system and any connections to the storm water system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

b. Any pipe, open channel, drain, or conveyance connected from a commercial or industrial land use to the storm water system that has not been documented in drawings, maps, or equivalent records and approved by the City.

10. “Industrial activity” means any activity subject to National Pollutant Discharge Elimination System (NPDES) industrial permits as defined in 40 CFR Section 122.26(b)(14), or any activity of, relating to, or resulting from industry.

11. “Industrial waste” means any solid, liquid, or gaseous waste resulting from any industrial, manufacturing, trade, health service, educational institution, business, laboratory, research establishments or facility, or from the development, recovery, or processing of natural resources, any nondomestic waste, excluding domestic waste.

12. “Intentionally” means acting with a conscious objective to cause the result or engage in the conduct described. “Knowingly” means acting with an awareness that the conduct of the person is of a nature described or that a circumstance so described exists.

13. “Land-disturbing activity” means any activity that exposes the soil to erosion.

14. “National Pollutant Discharge Elimination System (NPDES) storm water discharge permit” means a permit issued by the Environmental Protection Agency or the State of Oregon that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

15. “Negligently” means the failure to use reasonable care through one’s action or inaction. A person is negligent if they fail to act as an ordinarily prudent person would act under the circumstances.

16. “New development” means a project that creates and/or expands the area of impervious surfaces, including, but not limited to:

a. Structural development, including construction of a new building or other structure.

b. Expansion or alterations of an existing structure that results in an increase in the area of impervious surfaces.

c. Construction of new parking lots, roads, alleys, pathways, and other impervious surfaces; and expansion or alterations of parking lots, roads, alleys, pathways, and other impervious surfaces that result in an increase in the area of impervious surfaces.

17. “Nonpoint source” means any source of water pollution that is not associated with point sources. Generally, a nonpoint source is a diffuse or unconfined source of pollution that can either enter into or be conveyed by the movement of water into the municipal storm water system, receiving waters, or waters of the State. Nonpoint sources may enter a discrete conveyance system and become a point source.

18. “Non-storm water discharge” means any discharge to the storm water system that is not composed entirely of storm water.

19. “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns.

20. “Point source” means any discernible, confined, and discrete conveyance, including but not limited to pipes, ditches, channels, tunnels, or conduits, from which pollutants are or may be discharged to a receiving water(s).

21. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: industrial, municipal, and agricultural wastes; paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; sediments; floatables; rock; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; gray water; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; heat; and noxious or offensive matter of any kind.

22. “Pollution” means the contamination or other alteration of any water’s physical, chemical or biological properties by the addition of any constituent and includes, but is not limited to, a change in temperature, color, turbidity, taste or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare or environment, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to animals, birds, fish or other aquatic life.

23. “Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

24. “Responsible party” means the property owner or person authorized to act on the owner’s behalf; or any person allowing, causing, or contributing to a violation of this chapter.

25. “Storm water system” means any watercourse or facility by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems or ditches, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

26. “Storm water or storm water runoff” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface water channel or a constructed infiltration facility.

27. “TMDL” or “DEQ” means State rules governed by the Department of Environmental Quality (DEQ) governing the total mass daily load (TMDL) of the receiving waters.

28. “Toxic” means any substance or combination of substances listed as toxic in regulations promulgated by the Environmental Protection Agency in Section 307(a)(1) of the Clean Water Act or Title III Section 313 of the Superfund Amendments and Reauthorization Act.

29. “Vegetated post-construction storm water quality facility” means a post-construction storm water quality facility wherein the primary means of storm water treatment is by filtration through soil and plant material. This may also be referred to as a low-impact development (LID) facility, or “swale.”

30. “Water or waters of the State” means the current definition under OAR 340-041-0001.

31. “Waters of the U.S.” means the current definition under 40 CFR Section 120.2.

32. “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently, and, if the latter, with some degree of regularity. Watercourses may be either natural or artificial. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.030 Applicability.

This chapter shall apply to all water entering the storm water system generated on any developed and undeveloped lands unless explicitly exempted by HMC 13.30.090. This chapter will apply to all residential, commercial, industrial, agricultural, recreational, and civic uses. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.040 Responsibility.

The City Administrator is authorized to administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Director are also conferred upon those persons tasked by the Director to administer, implement, and enforce the provisions of this chapter. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.050 Severability.

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.060 Ultimate responsibility of the discharger.

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into the waters of the State caused by said person. This chapter shall not create liability on the part of the City of Harrisburg, or any agent or employee thereof, for any damages that result from any discharger’s reliance on this chapter, or any administrative decision lawfully made thereunder. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.070 Relation to other laws.

1. Neither this chapter nor any administrative decision made under it exempts the permittee or any other person from procuring other required permits or complying with the requirements and conditions of such permit, or complying with any other applicable law or regulation, or limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the permittee or any other person arising from the activity regulated by this chapter.

2. Where the provisions of this chapter impose restrictions different from those set forth in other regulations under the Harrisburg Municipal Code, Land Use Code, or State or Federal regulations, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. Any remedies or penalties established in this chapter are intended to be cumulative and in addition to, not in place of, any other remedy or penalty imposed by any other chapter, ordinance, rule, regulation, or provision of law. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.080 Requirement to prevent, control, and reduce storm water pollutants by the use of best management practices.

The Director may require best management practices (BMPs) or a sedimentation erosion control plan for any activity, operation, or facility which may cause or contribute to the introduction of pollutants to rights-of-way, wetlands, drainage ways, the municipal storm water system, receiving waters, and/or areas that include or contribute directly to the waters of the State. Where BMP requirements are promulgated by the Director, the owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from the discharge of pollutants, as described above, through the use of these structural and/or nonstructural BMPs.

Further, any person responsible for a property or premises that is, or which may reasonably be expected to be, the source of an illicit or prohibited discharge may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent any further discharges of pollutants. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.090 Prohibited discharges.

No person shall cause any pollutant by either point source or nonpoint source to be discharged to public rights-of-way, municipal storm water system, or any waters of the State or cause any pollutant to be placed in a location where such pollutant is likely to escape or be carried into the public rights-of-way, municipal storm water system or into the waters of the State.

1. Prohibited discharges include, but are not limited to, the following:

a. Any liquids, solids, or gases that by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the operation of the municipal storm water system.

b. Any solid or viscous substances that may cause obstruction to the flow in the storm water system, such as but not limited to: grease, garbage, sand, straw, grass clippings, rags, plastics, or mud.

c. Any discharge containing toxic pollutants.

d. Pollutants that result in the presence of toxic gases, vapors, or fumes within the storm water system that may cause acute worker health or safety problems.

e. Any substance that may cause the City to violate its NPDES and/or TMDL requirements or other storm system permits, or that may cause the City to violate in-stream water quality standards set by the State of Oregon.

f. Any substance that causes or may cause visible discoloration of the receiving waters such as but not limited to dyes and inks.

g. Any discharge having a temperature that may inhibit biological activity in the receiving waters or cause the City to violate in-stream water quality standards (TMDL) set by the State of Oregon, or that could harm the storm water system.

h. Any discharge containing oxygen demanding pollutants that may elevate the oxygen demand within the municipal storm water system or waters of the State.

i. Any hauled waste, septage, or discharge from cleaning tanks including those from mobile cleaning services.

j. Storm water runoff containing eroded sediments from land-disturbing activities.

k. Any refuse, rubbish, garbage, litter, or other discarded or abandoned objects.

2. The following are exempt from discharge prohibitions established by this chapter:

a. Water line flushing with dechlorination; discharges from potable water sources; landscape irrigation; irrigation water; footing drains; lawn watering; individual residential car washing; dechlorinated swimming pool discharges; foundation drains; air conditioning condensate; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; springs; flows from riparian habitats and wetlands; and street wash water.

b. Discharges from firefighting or other emergency actions by a public utility, the City, or any other governmental agency necessary to protect public health and safety.

3. The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of Oregon under the authority of the Federal Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations.

4. Any action by any person that imperils permits granted by any other regulatory agency to the City of Harrisburg or that causes a violation of the terms of a permit granted to the City of Harrisburg by any other regulatory agency is prohibited. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.100 Prohibition of illicit connections.

1. No person shall construct, use, maintain, or allow the continued existence of an illicit connection to the storm water system. Existing illicit connections are expressly prohibited, without limitation, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

2. Examples of illicit connections include but are not limited to wastewater lines such as those from sanitary sewers, or drains carrying wash or industrial process water.

3. A person is in violation of this chapter if the person connects a line conveying sewage to the municipal storm water system or allows such a connection to continue. Improper connections in violation of this chapter must be disconnected and redirected to the sanitary sewer system upon approval of the Director. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.110 Watercourse protection.

Every person owning or occupying property through which a watercourse passes must keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that may reasonably be expected to contaminate or impede the flow of water through the watercourse. In addition, the owner or occupant must remove or maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. No person is to remove native vegetation in the vicinity of a watercourse except where it poses an imminent hazard to human health and safety or nearby structures. No person is to remove vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. Within the limits established through any required State or Federal permits, the property owner or lessee must maintain and stabilize the banks of the watercourse within their property lines in order to protect against erosion and degradation of the watercourse. Watercourse banks shall be stabilized using planted vegetation and natural materials instead of hard materials. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.120 Discharges in violation of industrial or construction activity NPDES storm water discharge permit.

1. Any person subject to an industrial, construction or land-disturbing activity NPDES or DEQ storm water discharge permit must comply with all provisions of such permit. Proof of compliance with said permit and a sedimentation erosion control plan may be required in a form acceptable to the Director at the following times: prior to the Director allowing discharges to the storm water system; as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

2. In addition to any other criminal or civil penalty for violation of any NPDES storm water discharge permit and/or City of Harrisburg issued permit, a person who knowingly violates such a permit and discharges into a City system has violated this chapter. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.130 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials that is resulting in or may result in illegal discharges of pollutants onto or into public rights-of-way, storm water, the municipal storm water system, or waters of the State, said person shall take all necessary steps to ensure the discovery, immediate notification, containment, and cleanup of such release.

1. In the event of such a release of hazardous materials, said person must immediately notify emergency response agencies of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person must notify the Public Works Department immediately in person or by telephone. Notification of the emergency response agencies or the Public Works Department does not relieve the discharger of their responsibility to also notify appropriate State and Federal agencies.

a. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City of Harrisburg Public Works Director within five business days of the original notice. The notice shall include a detailed written statement submitted by the discharger describing the causes of the discharge, measures taken to mitigate the spill, and the measures taken to prevent any future occurrence.

b. If the discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records must be retained for at least five years.

2. The person responsible for the discharge of pollutants or hazardous materials to the environment is responsible for all cleanup costs. All related City expenses including, but not limited to, costs for identification, hazard assessment, and containment must also be fully reimbursed.

3. In general, reimbursement costs are those incident costs that are eligible, reasonable, necessary, and allocable to the incident. Costs allowable for reimbursement may include, but are not limited to:

a. Disposable materials and supplies provided, consumed, and expended specifically for the purpose of the incident for which reimbursement is being requested;

b. Compensation of the employees for the time devoted specifically to the incident;

c. Rental or leasing of equipment used specifically for the incident;

d. Replacement costs for equipment or property owned by the City that is contaminated or damaged beyond reuse or repair;

e. Decontamination of equipment that was used during the incident;

f. Special technical services required for the incident; and

g. Laboratory expenses for the purpose of analyzing samples taken during the incident. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.140 Requirement to eliminate illegal discharges.

The Director may require, by written notice, that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.150 Requirement to eliminate illicit connections.

The Director may require, by written notice, that a person responsible for an illicit connection to the storm water system immediately, or by a specified date, comply with the requirements of this chapter to eliminate the connection, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of the ordinance codified in this chapter.

If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.160 Requirement to monitor and analyze.

The Director may require, by written notice, that any person engaged in any activity and/or owning or operating any facility that may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to the storm water system or waters of the State, to undertake at said person’s expense such monitoring and analyses and furnish such reports to the City of Harrisburg as deemed necessary to determine compliance with this chapter. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.170 Right of entry – Inspection, testing and sampling.

The Director is authorized and has the right to inspect all premises, sites, and/or activities covered under this chapter to determine compliance with this chapter and any rules or orders adopted by the City Council or issued pursuant to this chapter.

1. The Director has the right to set up on the discharger’s or permittee’s property, or require installation of, such devices as are necessary to conduct sampling, inspection compliance, and/or monitoring operations.

2. Where a discharger or permittee has security measures in force that require proper identification and clearance before entry into its premises, the dischargers must make necessary arrangements so that, upon presentation of suitable identification, the Director or authorized representatives be permitted to enter without delay for the purposes of performing specific responsibilities.

3. Facility operators must allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by State and Federal law.

4. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled must be promptly modified or removed by the discharger at the written or verbal request of the Director and shall not be replaced without the consent of the Director. The costs of clearing such access shall be borne by the discharger.

5. Unreasonable delay in allowing the Director access to a permitted facility is a violation of this chapter. A person who is the operator of a facility with an NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the Director reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.180 Permits required.

Prior to commencing any work on a building storm drain or public storm water system, all applicable permits from the City of Harrisburg and other agencies must be secured and all associated permit fees paid in full. The permits necessary may include, but are not limited to, a plumbing permit, a permit to construct public facilities, and a right-of-way permit. The permit shall set forth at what point the connection is to be made, the location, size of facility, type of construction, and other details as the Director or his/her designee may reasonably require. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.190 Approval of drawings.

Drawings for all public storm water systems must be approved by the Director or their designee prior to construction. Unless otherwise approved by the Director, such drawings must conform to applicable storm water system master plans as well as the City of Harrisburg adopted current Oregon Standard Construction Specifications. Such approval is required in addition to any other approval required by State law. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.200 Construction to conform to standards.

All public storm water systems, whether publicly or privately constructed, must conform to the current version of Oregon Standard Construction Specifications and the City of Harrisburg with regard to legal and design requirements, materials, and workmanship as determined by the Director. Failure to meet tests for performance and workmanship are grounds for refusal of acceptance by the City. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.210 Inspection, approval of construction.

Reasonable notice and access must be given to allow inspection of all work in connection with the construction or reconstruction of any public storm water facilities. Use of the storm water facilities will not be allowed until the building storm sewer and the public improvement receives final approval. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.220 Extension of storm water systems.

The following rules apply to all storm water system extensions:

1. The minimum size of storm water mains or other storm water system components to be installed must be in conformance with the most recent version of the City of Harrisburg Standards, where a larger size is not needed to provide an adequate system, conform with the size of the existing system, meet future needs, or conform to the size specified by the City of Harrisburg’s storm water system master plan or capital improvement plan.

2. All storm water system extensions must extend to the extreme property line of the development or lot. Where systems are being extended into the interior of a property or development, the systems must be extended through to the boundaries of the property at all such points as shall be needed to provide current or future service to adjacent properties. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.230 Tapping of manholes.

Tapping of building storm drains directly into manholes is prohibited except where shown in construction drawings that have been approved by the Director or their designee. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.240 Grading.

The rules prescribed in this chapter shall apply to all lands within the City limits of the City of Harrisburg.

1. Compliance. No excavation, construction activity or grading operation shall hereafter be performed, or existing graded lot altered, without full compliance with the terms of this chapter and other applicable regulations regardless of the size of the lot or land-disturbing activity.

2. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and other chapters conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

3. Relationship to Permits Required by State or Federal Agencies. Excavation, grading, and fill activities may require State and/or Federal permits. Such permits are likely to be required if hydric soils are present on the site or if the site contains other wetland characteristics. The issuance of a permit by the City of Harrisburg does not eliminate the need for compliance with other State, Federal, or local regulations.

4. Warning and Disclaimer of Liability. The issuance of a permit by the City of Harrisburg under this chapter constitutes a determination that the applicant has met the minimum requirements for the City’s regulatory purposes. Issuance of a permit does not relieve the permit holder from any responsibilities or liabilities that grading, excavation or fill activities may create if third parties are damaged or injured by such actions. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.250 Transfer of landscaping responsibility to City.

Where vegetated post-construction storm water quality facilities will be public, the owner may make a request to the City Administrator for the City to take responsibility for planting, establishing and maintaining vegetation.

Approval of this request is at the sole discretion of the Director and, where applicable, must be compatible with the City’s BMP planting options. If approved by the City Administrator and Director, the owner shall pay a negotiated fee to the City. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.260 Private storm water facilities operation and maintenance agreements required.

1. Private storm water facilities operation and maintenance agreements are required for all private post-construction storm water quality facilities that require a permit.

2. Private storm water facilities operations and maintenance agreements shall be recorded at the applicable County Recorder’s Office and shall run with the land.

3. Redevelopment of a property already operating under a private storm water facilities operation and maintenance agreement will require execution of a new agreement if the City Administrator determines, in the exercise of reasonable discretion, that the redevelopment is likely to have a material impact upon the operation, maintenance, or effectiveness of the previously approved facilities.

4. It is unlawful for any entity which exercises control or authority over the maintenance of land, and/or improvements thereto, to fail to comply with the terms of a private storm water facilities operation and maintenance agreement concerning the property over which they have such rights and/or responsibilities. Any provision of this chapter that creates a responsibility, duty, or obligation on the part of the owner also applies to any entity using, occupying, or in control of the subject property. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.270 Completion of construction.

1. A requirement to construct storm water quality facilities shall not be satisfied until the facilities have been determined to be in compliance with all requirements and specifications and formally accepted by the Director.

2. Unless an exception is granted pursuant to subsection (3) of this section, plats, partitions, certificates of occupancy, or other City permits or approvals which are conditioned upon the completion of post-construction storm water quality facilities will not be given prior to completion and acceptance by the Director of said facilities.

3. The Director or City Administrator may, in the exercise of reasonable discretion, waive the requirement of subsection (2) of this section and execute plats, partitions, certificates of occupancy, or other City permits or approvals prior to the completion of post-construction storm water quality facilities if he/she determines that the public interest so requires. In such an event, the owner shall be required to provide an improvement assurance satisfactory to the Director, City Administrator and the City Attorney guaranteeing timely completion of the aforesaid facilities. Nothing in this subsection shall excuse the requirement that the owner provide a duly executed private storm water facilities operations and maintenance agreement per HMC 13.30.260 prior to the issuance of any of the approvals enumerated herein. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.280 Violations.

1. It is unlawful for any person to violate any provision of, or fail to comply with, any of the requirements of this chapter. Any person who has violated, or continues to violate, the provisions of this chapter may be subject to any or all of the enforcement actions outlined in this chapter or may be restrained by injunction or otherwise abated in a manner provided by law. All remedies, penalties, abatement actions or other enforcement measures from this chapter are cumulative and the choice of any one remedy, penalty, abatement action or enforcement action does not foreclose any other remedy, penalty, abatement action or enforcement action allowed by this chapter or otherwise provided by law.

2. Each day a violation occurs or continues will be considered a separate violation. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.290 Notices deemed received.

Written notices required by this chapter are deemed received by an alleged violator under any of the following circumstances, whichever occurs first:

1. Upon personal service to the violator, or the violator’s authorized agent, or any person apparently in charge of any office or place of business maintained by the alleged violator; or

2. Upon execution of any return receipt or other proof of receipt of mail delivery by the alleged violator or any of the persons listed in subsection (1) of this section; or

3. Three days following mailing by the City, via first-class U.S. mail, to the alleged violator at the alleged violator’s last known residence or place of business. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.300 Emergency suspension of municipal storm water system access.

When the Director finds that any discharger has violated any provision of this chapter, or any order issued hereunder, or that the discharger’s past violations are likely to recur, and that said violations have caused or contributed to an actual or threatened discharge to the municipal separate storm sewer system or waters of the State which reasonably appears to present an imminent or substantial endangerment to the health or welfare of people or the environment, the Director may issue an order to the discharger directing an immediate cease and desist of all such violations.

1. The order will direct the discharger to:

a. Immediately comply with all chapter requirements; and

b. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.

2. Any person notified of an emergency order directed to him under this chapter shall immediately comply and stop or eliminate any endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the Director may take such steps as deemed necessary to prevent or minimize harm to the municipal separate storm sewer system or waters of the State, and/or endangerment to persons or the environment, including immediate termination of the facility’s municipal storm water connection or other municipal utility services.

3. A person commits an offense if the person reinstates municipal separate storm sewer system access to premises terminated pursuant to this chapter without the prior approval of the Director.

4. The Director may allow the discharger to recommence its discharge when it has demonstrated to the satisfaction of the Director that the period of endangerment has passed unless further termination proceedings are initiated against the discharger.

5. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.310 Warning notice.

When the Director finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the Director or designee may serve upon that person a written warning notice, specifying the violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after the receipt of the warning notice. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.320 Notice of violation.

Whenever the Director finds that a person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the Director may order compliance by written notice of violation to the responsible person stating the nature of the violation(s).

1. The notice of violation must contain:

a. The name and address of the alleged violator;

b. The address when available or a description of the building, structure, or land upon which the violation is occurring, or has occurred;

c. A statement specifying the nature of the violation;

d. A description of the remedial measures necessary to restore compliance with this chapter;

e. A time schedule for the completion of such remedial action; and

f. A statement of the penalty or penalties that will or may be assessed against the person to whom the notice of violation is directed.

2. Such notice may require without limitation any or all of the following:

a. The performance of monitoring, analyses, and reporting;

b. The elimination of illicit connections or illegal discharges;

c. That violating discharges, practices, or operations cease and desist;

d. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

e. The implementation of source controls or best management practices (BMPs); and

f. The submittal of a compliance schedule.

3. If abatement of a violation and/or restoration of affected property is required, the notice may set forth a deadline within which a compliance schedule for such remediation or restoration must be completed. Said notice may further advise that, should the violator fail to remediate or restore the affected property within the deadlines established by and agreed to in the compliance schedule, the work will be done by the City or a contractor designated by the Director and the expense thereof shall be the responsibility of the violator. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.330 Suspension and revocation.

By written notification, the Director may suspend or revoke authorization to discharge into the storm water system on the basis of incorrect information supplied, or activity thereunder is in violation of any term or condition of this chapter, or of other pertinent Federal, State, or local statute, code, or regulation implemented through the enforcement of this chapter.

If the violator fails to comply with a suspension order, the City of Harrisburg may take such steps as deemed necessary to prevent or minimize damage to the storm water system, prevent or minimize danger to the environment, or to prevent or minimize danger to persons. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.340 Stop work order.

When a person or entity engages in an activity in such a manner as to cause, or creates a condition which causes, a violation of the provisions of this chapter or of other pertinent Federal, State, or local statute, code, or regulation implemented through the enforcement of this chapter, the Director may order all related activities stopped. The Director’s order will be served by notice, in writing, to persons engaged in the activity or causing such activity to be undertaken. Such persons shall forthwith stop all related activities until authorized by the Director to proceed with the work. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.350 Violations deemed a public nuisance.

In addition to the enforcement processes and penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the environment, public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.360 Penalties.

1. Administrative Fines. When the Director finds that a discharger has violated, or continues to violate, any provision of this chapter or any order issued hereunder, and that said violations have caused or contributed to an actual or threatened discharge to the municipal storm water system or waters of the State which reasonably appears to present an imminent or substantial endangerment to the health or welfare of people or the environment, the City may fine such discharger.

2. Recovery of Costs Incurred by the City. Any person violating any of the provisions of this chapter who discharges or causes a discharge producing an obstruction or causes damage to or impairs the City’s storm water system shall be liable to the City for any expense, loss, or damage caused by such violation or discharge. The City may require the discharger to pay for the costs incurred by the City for any cleaning, repair, or replacement work caused by the violation or discharge and for costs incurred by the City in investigating the violation and in enforcing this chapter against the user, including reasonable administrative costs, fees for testing, attorney fees, court costs, and all expenses of litigation. Refusal to pay the ordered costs shall constitute a violation of this chapter. The user shall also reimburse the City for any and all fines or penalties levied against the City as a result of a discharge by the user.

3. Any person who is found to have negligently violated this chapter or who negligently failed to comply with any provisions herein, and the orders, rules and regulations issued hereunder may be fined not less than $100.00 nor more than $20,000 for each violation. Each calendar day on which a violation occurs or continues to occur will be deemed a separate and distinct offense. Negligent violation of this chapter, the provisions herein, and/or orders, rules and regulations issued hereunder will be considered an infraction of this municipal code.

4. Any person who is found to have intentionally or knowingly violated this chapter or who intentionally or knowingly failed to comply with any provisions herein, and the orders, rules and regulations issued hereunder may be fined not less than $100.00 nor more than $20,000 for each violation or may be sentenced to jail for no more than 30 days for each violation, or both. Each calendar day on which a violation occurs or continues to occur will be deemed a separate and distinct offense. Intentional or knowing violation of this chapter, the provisions herein, and/or orders, rules and regulation issued hereunder will be considered a misdemeanor under this municipal code.

5. In addition to, and separate from, the considerations set out in subsection (4) of this section, any person who negligently, knowingly, or intentionally violates this chapter in a manner that causes the City of Harrisburg to be fined by any regulatory agency will be subject to a fine that trebles the amount of any fine to the City, or may be sentenced to jail for no less than 60 days and no more than 180 days, or both.

6. Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City Administrator and alleged violator may agree upon alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

7. The City may commence an action for appropriate legal and/or equitable relief in the appropriate local court to enforce the penalty or remedy imposed by the City hereunder.

8. Penalties imposed under this section will be separate from, and in addition to, any cost of abatement of the violation. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.370 Appeal.

Any person or entity receiving a written notification of a violation or of an enforcement action under this chapter may, within five days of the receipt of such notice, request in writing that the City Administrator review the enforcement action. The written request (letter of appeal) shall state all points of disagreement and objection to the enforcement action. Upon receipt of the letter of appeal, a meeting shall be scheduled with the Director, or authorized representative. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.380 Abatement by the City.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal under HMC 13.30.370, within 10 days of the decision of the City Council upholding the decision of the Director, then the City or a contractor designated by the Director is authorized to enter upon the subject private property and take any and all measures necessary to abate the violation and/or restore the property. It will be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.390 Immediate abatement.

The Director is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the environment or the health, safety, or well-being of the public. If any such violation is not abated immediately as directed by the Director, the City of Harrisburg is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Harrisburg will be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section does not prevent the City from seeking other and further relief authorized under this chapter. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.400 Costs of abatement of the violation.

1. The Public Works Director is authorized to charge any person in violation of this chapter for the cost of abatement, including sampling and monitoring, containing, cleaning up and/or disposing of the polluted discharge, administrative and legal costs, and any other expenses incurred by the City of Harrisburg associated with enforcement of this chapter.

2. The Public Works Director will notify the responsible party of the amount of the cost for abatement within 30 calendar days after abatement of the violation is complete. The responsible party may file a written appeal to the City Council objecting to the abatement or to the amount of the charges within 10 calendar days of such notice.

3. If the amount due is not paid within 30 calendar days after receipt of the notice, or if an appeal is filed, within 30 calendar days after a decision on said appeal, the City of Harrisburg may bring a claim for these charges to the Harrisburg Municipal Court. The Municipal Court Judge will enter a judgment against the responsible party for the amount of the costs, and for the interest on the judgment at the statutory rate if the City establishes by a preponderance of evidence that:

a. Abatement was required for a discharge and the person was responsible for the discharge or the property on which the discharge originated; and

b. That the person violated this chapter; and

c. That the City of Harrisburg incurred costs for abatement; and

d. That the person has not paid the City the amount in full.

4. The Municipal Court Judge may not reduce or waive any portion of the cost expended by the City of Harrisburg for abatement.

5. The Municipal Court Judge will order the City of Harrisburg to take whatever action is required to perfect a judgment lien against the property of the person in favor of the City. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.410 Recovery of abatement costs.

1. Within 30 days after abatement of the condition by the City, the Public Works Director or their designee will prepare a recap of all costs incurred to abate the condition, including administrative costs.

2. A summary of costs will be mailed by registered or certified mail to the same person or persons to whom the notice of violation was sent per HMC 13.30.320, or their successors in title, and will advise of the City’s intent to assess said costs against the real property and will further advise the owner/owners of their right to a hearing before the City Council prior to assessment upon receipt by the Director, within 15 days of the date of mailing, of a written request for a hearing.

3. If the costs of abatement are not paid to the City within 30 days from the date of the mailing of the summary of costs, said summary will be presented to the City Council and, if the Council finds said costs to be reasonable, the Council will pass an ordinance directing that the amount of said costs be entered in the docket of city liens; and upon such entry being made, said costs will constitute a lien upon the property in question.

4. The lien will be enforced and will bear interest at a rate to be determined by the Council at the time of the ordinance referred to in subsection (3) of this section. The interest will commence from the date of entry of the lien in the lien docket and will have priority over all other liens and assessments to the maximum extent permitted by law. The costs of filing the lien will be included in the total cost of the lien.

5. An error in the name of the property owner/owners/agents does not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it will remain a valid lien against the property. [Ord. 986 § 1 (Exh. A), 2022.]

13.30.420 Remedies not exclusive.

The remedies listed in this chapter are not exclusive of any other remedies available under any applicable Federal, State, or local law and it is within the discretion of the City Administrator to seek cumulative remedies. The City may recover all attorneys’ fees, court costs, and other expenses associated with enforcement of this chapter, including sampling, testing and monitoring expenses. [Ord. 986 § 1 (Exh. A), 2022.]